דברים, פרק כ״ד, פסוק ז׳

Stripping away a person's freedom and dignity, reducing a human being to a mere object under another's control, ranks among the most severe crimes imaginable. Because kidnapping typically occurs in secret, convicting a perpetrator requires clear legal proof, specifically the presence of witnesses and a formal prior warning [רש״י, מזרחי]. This strict standard prevents a kidnapper from falsely claiming that the victim willingly sold themselves into servitude [שפתי חכמים, העמק דבר]. The law specifies that the perpetrator must be an adult who can be held legally responsible for their actions [תורה תמימה, מלבי״ם]. Furthermore, capital punishment does not apply to situations where the victim is already under the offender's authority. For example, a father taking his son or a teacher taking his student would not face the ultimate penalty [תורה תמימה, רלב״ג].

The legislation applies broadly to the theft of a soul, expanding the prohibition to include the kidnapping of women and young children, provided they are viable individuals [תורה תמימה, רלב״ג, מלבי״ם, חזקוני]. The crime specifically involves taking someone away from their established social circle, removing them from the domain of their family and friends [רלב״ג]. However, the victim must specifically be from among the Israelites. This definition excludes non-Jews, Canaanite slaves, foreign residents, individuals who are half-slave and half-free, as well as the descendants of Edom, who are historically referred to as brothers but are not part of the Israelite nation [אבן עזרא, הטור הארוך, תורה תמימה, חזקוני]. Some scholars note that the specific act of stealing a person from among their brothers and selling them serves as a historical echo of the sale of Joseph by his own brothers [שפתי כהן].

For a court to impose the death penalty on the kidnapper, a complete and specific chain of events must occur. Simply depriving the victim of their freedom is not enough to constitute the full capital offense [ברכת אשר]. First, the kidnapper must actively exploit, enslave, or abuse the captive [ביאור שטיינזלץ, רש ר הירש, נתינה לגר]. This requires bringing the victim into their personal domain and using them for some practical benefit, even if that labor or use is of microscopic monetary value [רש״י, תורה תמימה, מלבי״ם]. Following this exploitation, the kidnapper must then sell the victim to others. Only when both conditions are met—active exploitation followed by a sale—is the crime complete, resulting in the death penalty for the kidnapper [שד״ל, רלב״ג, משכיל לדוד].